What's Required The First Ten Days of Removal: School personnel may remove a child with a disability who violates a student code of conduct from his or her current placement to an appropriate interim alternative educational setting (IAES), another setting, or suspension, for not more than 10 consecutive school days to the extent those alternatives are applied to children without disabilities (CFR 34 300.530(b)(1), TEC 37.001(a) and 1415(k)(1)(B)). School personnel may remove a child with a disability who violates a student code of conduct from his or her current placement for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct as long as those removals do not constitute a CHANGE OF PLACEMENT (CFR 34 300.530(b)(1) and TEC 37.001(a) ). . Beyond the First Ten Days: School personnel may apply the relevant disciplinary procedures that would be applied to children with disabilities in the same manner and for the same duration as the procedures that would be applied to children without disabilities (34 CFR 300.530(c)and 20 USC 1415(k)(1)(C)) if:
in the manifestation determination review, the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child's disability (34 CFR 300.530(c) and 20 USC 1415(k)(1)(C));
School personnel may remove a child to an IAES without regard to whether the behavior is determined to be a manifestation of the child's disability, (34 CFR 300.530(g) and 34 CFR 1415(k)(1)(G)) if:
Students violating the school's code of conduct may be removed from the current placement for 10 school days or less in a school year.
The first ten days of disciplinary removals in the school year do not require an ARD/IEP committee meeting or manifestation determination review
The school is not required to provide educational services to students with disabilities during these short-term removals unless services are provided to students without disabilities.
If the school chooses to suspend the student, under State law the suspension may not exceed 3 school days at one time.
If the students is removed from his or her current placement for more than a total of 10 school days in a school year, the student has additional rights.
In-School Suspension (ISS)
If the removal is not a change of placement (see Beyond the First Ten Days below) school personnel, in consultation with at least one of the student's teachers, must determine the extent to which services are needed to enable the student to continue to participate in the general education curriculum in ISS and to progress toward meeting the goals in the student's IEP.
Beyond the First Ten Days of Removal
School officials may order removals (not totaling more than ten school days) of a student with a disability after the first ten days of removal in response to separate incidents of misconduct, provided that these removals do not constitute a change of placement.
For any such short-term removal (beyond the first ten days) the school must provide services to the student with a disability to enable the student to continue to participate in the general curriculum in the new setting and to progress toward meeting the goals set out in the student’s IEP.
School personnel must consult with at least one of the student’s teachers to decide which services are needed.
The student’s placement is changed if the removal is for more than 10 consecutive school days or if a series of shorter removals totaling more than 10 school days forms a pattern.
When deciding if there has been a pattern of removals, the school must consider factors such as:
whether the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals,
the length of each removal,
the total amount of time the student has been removedhow close the removals are to one another, and
whether a pattern of removals constitutes a change of placement is determined on a case-by-case basis by the school, and if challenged, is subject to review through due process and judicial proceedings.
On the date in which the decision is made to change the student’s placement because of a violation of the student code of conduct, the school must notify the parent of that decision and provide the parent with the Notice of Procedural Safeguards..
Within 10 school days of any decision to change the placement of the student because of a violation of the student code of conduct, the school, the parent, and relevant members of the ARD/IEP Committee (as determined by the parent and the school) must conduct a manifestation determination review (MDR).
When conducting the MDR, the members must review all relevant information in the student’s file, including:
the student’s IEP,
any teacher observations, and
any relevant information provided by the parent.
The members determine if the student’s conduct was the direct result of the school’s failure to implement the student’s IEP, or if the student’s conduct was caused by, or had a direct and substantial relationship to, the student’s disability.
If the members determine that either clause is applicable, then the student’s conduct must be considered a manifestation of his or her disability.
•School officials may order a short-term removal (up to ten school days) of the student with a disability after the first ten days of removal in response to separate incidents of misconduct, provided that these removals do not constitute a change of placement. • For any such short-term removal, (beyond the first ten days) the school must provide services to the student with a disability to enable the student to continue to participate in the general curriculum, although in another setting and to progress toward meeting the goals set out in the student’s IEP.
Forms .
Resources • School personnel must consult with at least one of the student’s teachers to decide which services are needed. • The student’s placement is changed if the removal is for more than 10 consecutive school days or if a series of shorter removals totaling more than 10 school days forms a pattern. • When deciding if there has been a pattern of removals, the school must consider factors such as: (a) whether the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals, the length of each removal, (b) the total amount of time the student has been removed, and (c) how close the removals are to one another. Whether a pattern of removals constitutes a change of placement is determined on a case-by-case basis by the school, and if challenged, is subject to review through due process and judicial proceedings. • On the date in which the decision is made to change the student’s placement because of a violation of the student code of conduct, the school must notify the parent of that decision and provide the parent with this Notice of Procedural Safeguards. •Within 10 school days of any decision to change the placement of the student because of a violation of the student code of conduct, the school, the parent, and relevant members of the ARD/IEP Committee (as determined by you and the school) must conduct a manifestation determination review (MDR).
What's Required
The First Ten Days of Removal: School personnel may remove a child with a disability who violates a student code of conduct from his or her current placement to an appropriate interim alternative educational setting (IAES), another setting, or suspension, for not more than 10 consecutive school days to the extent those alternatives are applied to children without disabilities (CFR 34 300.530(b)(1), TEC 37.001(a) and 1415(k)(1)(B)). School personnel may remove a child with a disability who violates a student code of conduct from his or her current placement for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct as long as those removals do not constitute a CHANGE OF PLACEMENT (CFR 34 300.530(b)(1) and TEC 37.001(a) ).
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Beyond the First Ten Days: School personnel may apply the relevant disciplinary procedures that would be applied to children with disabilities in the same manner and for the same duration as the procedures that would be applied to children without disabilities (34 CFR 300.530(c)and 20 USC 1415(k)(1)(C)) if:
School personnel may remove a child to an IAES without regard to whether the behavior is determined to be a manifestation of the child's disability, (34 CFR 300.530(g) and 34 CFR 1415(k)(1)(G)) if:
What To Do
The First Ten Days of Removal
Out-of-School Suspension (OSS)
In-School Suspension (ISS)
Beyond the First Ten Days of Removal
•School officials may order a short-term removal (up to ten school days) of the student with a disability after the first ten days of removal in response to separate incidents of misconduct, provided that these removals do not constitute a change of placement.
• For any such short-term removal, (beyond the first ten days) the school must provide services to the student with a disability to enable the student to continue to participate in the general curriculum, although in another setting and to progress toward meeting the goals set out in the student’s IEP.
Forms
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Resources
• School personnel must consult with at least one of the student’s teachers to decide which services are needed.
• The student’s placement is changed if the removal is for more than 10 consecutive school days or if a series of shorter removals totaling more than 10 school days forms a pattern.
• When deciding if there has been a pattern of removals, the school must consider factors such as:
(a) whether the student’s behavior is substantially similar to the student’s behavior in previous incidents that resulted in the series of removals, the length of each removal,
(b) the total amount of time the student has been removed, and
(c) how close the removals are to one another. Whether a pattern of removals constitutes a change of placement is determined on a case-by-case basis by the school, and if challenged, is subject to review through due process and judicial proceedings.
• On the date in which the decision is made to change the student’s placement because of a violation of the student code of conduct, the school must notify the parent of that decision and provide the parent with this Notice of Procedural Safeguards.
•Within 10 school days of any decision to change the placement of the student because of a violation of the student code of conduct, the school, the parent, and relevant members of the ARD/IEP Committee (as determined by you and the school) must conduct a manifestation determination review (MDR).